This decision involves the sentencing of D.S., a 15-year-old youth who pleaded guilty to sexual assault contrary to section 271 of the Criminal Code.
The offence involved a group sexual assault on a 17-year-old incapacitated victim, E.C., with aggravating factors including psychological harm and video recording of the assault.
The Crown sought a custodial sentence, while the defence argued for a non-custodial disposition emphasizing rehabilitation under the Youth Criminal Justice Act (YCJA).
The judge considered the principles of youth sentencing, the seriousness of the offence, and recent case law, including the constitutional invalidity of certain YCJA provisions limiting deferred custody and supervision orders (DCSO).
Ultimately, the court imposed a six-month DCSO followed by an 18-month probation period, with ancillary orders including DNA sampling and forfeiture of a cell phone, emphasizing rehabilitation and reintegration while holding D.S. accountable.
